Judge rules Mary Badaracco's death not off limits in ex-husband's bribery trial

BRIDGEPORT >> Judge Robert Devlin ruled from the bench Monday morning that references to the disappearance and death decades ago of Sherman resident Mary Badaracco will be allowed in the trial of Dominic Badaracco on bribery charges.

Badaracco, who is considered the prime suspect in the killing 29 years ago of his ex-wife, is accused of bribing Judge Robert Brunetti of Goshen in an attempt to influence grand jury proceedings surrounding the investigation of Mary Badaracco's death.

Although no body was ever found, State Police reclassified the Sherman case as a homicide in 1990.

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Before jury selection was scheduled to begin Monday--it was ultimately postponed because of a problem with Badaracco's hearing aid--Devlin denied defense attorney Richard Meehan's motion to limit reference to the death of Mary Badaracco.

Referencing her disappearance, the judge said, "The jury needs to understand it in a very limited way," adding, "Context is need for the jury to understand."

"There is going to be the ghost and the specter of the death of Mary Badaracco," Meehan said.

Len Boyle, the deputy chief state's attorney prosecuting the case said, "The claim is that Mr. Badaracco contacted a judge of the superior court and offered him money at a time when this grand jury was ongoing."

"This case is about what the defendant intended and what his motive was ... about an attempt to commit bribery--nothing more than that," Boyle said.

A series of phone calls from Badaracco and his former business partner Ronald "Rocky" Richter to Brunetti is detailed in the arrest warrant. Brunetti was a longtime friend or associate of both men and legal counsel to their business before he became judge in 2002. They also played golf together. State Police claim Badaracco transferred funds to obtain more than $100,000 two days before the alleged offer to Brunetti.

Badaracco has pleaded not guilty and opted for a trial, and Meehan has asserted he is innocent.

Mary Badaracco was 38 when she disappeared in 1984. At the time, her car, a 1982 Chevrolet Cavalier, remained in the driveway of the Badaraccos' home in Sherman. The driver's side of the windshield had been smashed. That car subsequently disappeared as well, and State Police have been unable to find it.

The grand jury looking into the Badaracco case heard 62 witnesses in 2010 and 2011. The report by Judge William Hadden did not call for any arrests and was sealed. This type of grand jury--known as a one-person grand jury--has been used sporadically in Connecticut in recent decades as a fact-finding tool for difficult cases involving corruption. It was used often in the 1970s and 1980s by then Chief State's Attorney Austin McGuigan, who lost his job after convicting two cabinet members in the administration of Gov. Bill O'Neill.

The grand jury has subpoena power and compels witnesses to testify under oath.

Mary Badaracco's daughters --Beth Profeta of Torrington and Sheryl Passaro--have been critical of prosecutors for what they say is a failure to pursue perjury and other charges. They enlisted the aid of the state's victim advocate, attorney Michele Cruz, who has a pending motion to obtain sealed testimony.

Although jury selection was scheduled to begin Monday, Badaracco had a problem with his hearing aid, which first led to a delay while the defense team went out for new batteries and then prompted a postponement when the issue could not be remedied.

Jury selection is now scheduled for Tuesday.

"It is imperative that your client hear every aspect of these proceedings," Devlin told the defense. "This is a very busy court. I expect that Mr. Badaracco will use all dispatch to resolve this matter."

"When was the last time these hearing aids worked," the judge asked.

"Yesterday," Meehan replied after conferring with Mr. Badaracco. Meehan said his client would drive directly to doctor for an emergency visit